Legal Research

Legal researchis one of the aspects of law that a paralegal absolutely needs to be incredibly proficient in. It is also one of those things that takes time and practice to fully master. It also helps to enjoy performing legal research. It is very important to be able to find the law more than it is to know the law. Proficiency in legal research is the foundation for a successful career as a paralegal. If you cannot perform legal research tasks accurately and efficiently, you will not be a successful paralegal.
There are basically two ways to perform legal research. The first one was the initial way to perform legal research and that was to use the law library and look through books of cases written on paper. The other, and the more technologically savvy and modern is to perform legal research online using Westlaw, Loislaw or some other program. This is the choice of almost every law firm and is the quickest way to perform your research.
To be able to perform legal research the paralegal must know the sources of law in the United States. The first is previous cases or common law. Common law is defined as that body of law that develops and derives through judicial decisions as distinguished from statutes or constitution by Blacks Law Dictionary. Judges follow and use case law to determine current disputes. The concept is called stare decisis pronounced star-ee diss-eye-sis. The doctrine of stare decisis means that once courts have announced a principle of law, they will follow it in the future in cases that are substantially similar.
The next source of law is contained in constitutions and statutes. A constitution sets forth the fundamental law for a nation or a state. It is the document that sets forth the principles relating to organization and regulation of a federal or state government. In the United States it is considered the supreme law of the land. A statute, or law, is a law passed by a legislative body.
A third source of law is administrative regulations. Administrative agencies include Department of Justice, Federal Bureau of Investigation, FDA, OSHA and the like. The agencies perform two functions. They act as a legislature by making rules and regulations that bind us and they act as a judiciary by hearing disputes and rendering decisions.
The fourth source of law in the United States is the Executive Branch. The executive branch creates laws in three ways. The branch creates treaties with the advice and consent of the Senate. Secondly, the president can issue executive orders to regulate and direct federal agencies and officials. Thirdly, the executive branch exerts influence on the law through policies on enforcing laws.
These are the sources of law in the United States legal system. From these sources comes every rule or law that must be abided by. Out of all the great multitude of legal authorities, they can be classified as either primary authority or secondary authority.
Primary authorities are official pronouncements of the law by the executive branch, legislative branch, and judicial branch. The key primary authorities are cases, constitutions, statutes and administrative regulations. Primary sources are those created by a governmental entity. If a legal authority does not fall within one of the previously mentioned categories, it is a secondary authority. Secondary authorities consist of legal encyclopedias, law review articles, books or other treatises dealing with legal issues, law dictionaries, annotations about the law, or expert opinions. The secondary authorities are not the law but rather provide comment, discussion, and explanation of the primary authorities and help you locate the primary authorities. Keep in mind that the purpose of secondary authorities is to explain the primary authorities and locate the primary authorities that must be followed by the court.

Example Model Will

Last Will and Testament
Of
Sku B. Due

I, Sku B. Due, city of Dalmatian, State of Colorado, being of sound mind and body, hereby make this my Last Will and Testament revoking all former wills and codicils made at an earlier time.

ARTICLE I

I direct that all the funeral and burial arrangements be taken care of by my personal representative.

ARTICLE II

I give and devise my house located at 123 Doggy Lane, Dalmatian, Colorado 80350 to my wife Pat S. Due. I give my 2005 Harley Davidson Road King to my son, Over Due. To be fair, I want each of my daughters, Morning and Sunshine Due, to receive $18,500 each because that is what the Harley Davidson is worth. My coin collection is to be re-appraised at the time of my death and the worth is to be added to my augmented estate. I direct that a trust be created at the moment of my death out of which is to be paid the college tuition of my children.

ARTICLE III

I direct that all the rest, residue and remainder of my estate, real, personal and mixed, or in which I may have any interest to which I may be entitled, shall be given to my wife Pat S. Due. If my wife does not survive me, the remainder of my estate is to be divided up equally and given to my children, Over, Sunshine and Morning and any after born children.

ARTIVLE IV

I hereby nominate and appoint my wife, Pat S. Due to be Personal Representative of this will. If she shall fail to qualify or cease to serve, I nominate and appoint my brother, John Q. Due to serve as Personal Representative in her place.

ARTICLE V

I direct that any Personal Representative be exempt from giving surety on his or her official bond. The word personal representative shall mean any administrator of this will.

____________ ___________ Page 1 of 3
(Initial) (Date)

ARTICLE VI

I appoint my wife, Pat S. Due, as guardian of the persons and property of my minor children, Over Due and Sunshine Due. No guardian appointed in this will or any codicil need furnish any surety on any official bond.


ARTICLE VII

All inheritance, estate, and other taxes in the nature of death taxes, whether state or federal, and any debt that needs to be paid, with respect to any property passing under this will shall be paid by my Personal Representative out of the residue of my estate, and, in addition, my Personal Representative may in his or her discretion pay from my residue all or any part of such taxes attributable to property not passing under this Will.

ARTICLE VIII

Every heir, legatee, devisee, or beneficiary under this will who shall contest in any court any provision of this instrument shall not be entitled to any devises, legacies, or benefits under this will or any codicil to this will or any trust created by this will.

ARTICLE IX

I have, except as otherwise provided in this will, intentionally and with full knowledge, omitted to provide for my heirs who may be living at the time of my death, including any person who may become my heir by reason of marriage or otherwise after the date of the execution of this will.

ARTICLE X

I, the undersigned testator, do hereby declare that I sign and execute this instrument as my last will, that I sign it willingly in the presence of each of said witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, this _____ day of _________, 2008.

________________________
Sku B. Due






___________ ___________ Page 2 of 3
(Initial) (Date)

ARTICLE XI

I, Sku B. Due, the testator, sign my name to this instrument this _______day of ________, 2008, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________
Sku B. Due

ARTICLE XII

We, the undersigned witnesses, each do hereby declare in the presence of the aforesaid testator that the testator signed and executed this instrument as his last will in the presence of each of us, that he signed it willingly, that each of us hereby signs this will as witness in the presence of the testator, and that to the best of our knowledge the testator is eighteen years of age or over, of sound mind, and under no constraint or undue influence.

__________________ __________________
(Witness) (Witness)

__________________ __________________
(Witness) (Witness)

Subscribed, sworn to, and acknowledged before me by the said testator and witnesses this _______day of _________, 2008.

______________________
Notary Public
My commission expires:











___________ __________ Page 3 of 3
(Initial) (Date)

Example Durable Power of Attorney

I, Condoleezza Rice, a resident of Boulder, CO; designate George W. Bush, presently residing at 1600 Pennsylvania Ave. Washington, D.C., as my attorney in fact, herein referred to as “Agent,” on the following terms and conditions:
Authority to Act. The Agent is authorized to act for me under this Power of Attorney and shall exercise all powers in my best interests and for my welfare. This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent.
Powers of Agent. The Agent shall have the full power and authority to manage and conduct all of my affairs, and to exercise my legal rights and powers, including those rights and powers that I may acquire in the future, including the following:
Collect and Manage. To collect, hold, maintain, improve, invest, lease, or otherwise manage any or all of my real or personal property or any interest therein;
Buy and Sell. To purchase, sell, mortgage, grant options, or otherwise deal in any way in any real property or personal property, tangible or intangible, or any interest therein, upon such terms as the Agent considers proper, including the power to buy United States Treasury Bonds that may be redeemed at par to pay federal estate tax and to sell or transfer Treasury securities;
Borrow. To borrow money, to execute promissory notes therefore, and to secure any obligation by mortgage or pledge.
Business and Banking. To conduct and participate in any kind of lawful business of any nature or kind, including the right to sign partnership agreements, continue, reorganize, merge, consolidate, recapitalize, close, liquidate, sell, or dissolve any business and to vote stock, including the exercise of any stock options and the carrying out of any buy sell agreement; to receive and endorse checks and other negotiable paper, deposit and withdraw funds (by check or withdrawal slips) that I now have on deposit or to which I may be entitled in the future in or from any bank, savings and loan, or other institution;
Tax Returns and Reports. To prepare, sign, and file separate or joint income, gift, and other tax returns and other governmental reports and documents; to consent to any gift; to file any claim for tax refund; and to represent me in all matters before the Internal Revenue Service;
Safe Deposit Boxes. To have access to any safety deposit box registered in my name alone or jointly with others, and to remove any property or papers located therein;
Proxy Rights. To act as my agent or proxy for any stocks, bonds, shares, or other investments, rights, or interests I may now or hereafter hold;
Legal and Administrative Proceedings. To engage in any administrative or legal proceedings or lawsuits in connection with any matter herein;
Transfers in Trust. To transfer any interest I may have in property, whether real or personal, tangible or intangible, to the trustee of any trust that I have created for my benefit;
Delegation of Authority. To engage and dismiss agents, counsel, and employees, in connection with any matter, upon such terms as my agent determines;
Restrictions on Agent’s Powers. Regardless of the above statements, my agent (1) cannot execute a will, a codicil, or any will substitute on my behalf; (2) cannot change the beneficiary on any life insurance policy that I own; (3) cannot make gifts on my behalf; and (4) may not exercise any powers that would cause assets of mine to be considered taxable to my agent or to my agent’s estate for purposes of any income, estate, or inheritance tax, and (5) cannot contravene any medical power of attorney I have executed whether prior or subsequent to the execution of this Power of Attorney.
Durability. This durable Power of Attorney shall not be affected by subsequent disability or incapacity of the principal.
Reliance by Third Parties. Third parties may rely upon the representations of the Agent as to all matters regarding powers granted to the Agent. No person who acts in reliance on the representations of the Agent or the authority granted under this Power of Attorney shall incur any liability to me or to my estate for permitting the Agent to exercise any power prior to actual knowledge that the Power of Attorney has been revoked or terminated by operation of law or otherwise.
Indemnification of Agent. No agent named or substituted in this power shall incur any liability to me for acting or refraining from acting under this power, except for such agent’s own misconduct or negligence.
Original Counterparts. Photocopies of this signed Power of Attorney shall be treated as original counterparts.
Revocation. I hereby revoke any previous Power of Attorney that I may have given to deal with my property and affairs as set forth herein.
Compensation. The Agent shall be reimbursed for reasonable expenses incurred while acting as Agent and may receive reasonable compensation for acting as Agent.
Substitute Agent. If George W. Bush is, at any time, unable or unwilling to act, I then appoint John McCain, presently residing at 241 Russell Senate Office Building, Washington, D.C., as my Agent.

Dated: August 14, 2008
_______________________________Condoleezza Rice
Signed in the presence of:
_______________________________Witness
_______________________________Witness
Subscribed and sworn to before me on [DATE].
____________________________________Notary Public, [COUNTY, STATE]My commission expires ______________.